A tree care company has been fined more than $2 million after a worker in north-west Sydney died while hand-feeding a malfunctioning wood chipper.
Core items:
- At that time it was known that the wood chipper was defective
- Due to an admission of guilt, the fine was reduced by 25 percent
- The tree care company has been active for more than 30 years
Samuela Cirivakayawa was working for A1 Arbor Tree Services on a school campus in Lindfield on September 7, 2019 when his co-workers said he went missing.
The 40-year-old had been hand-feeding twigs into the wood chipper before blood was found on the back of the truck.
According to court documents, the Fijian national was sucked into the wood chipper’s hopper and internal disk drum.
SafeWork NSW soon launched an investigation that on July 14 in District Court handed down the highest single penalty for any company in the state.
A1 Arbor Tree Services received a 25 percent rebate for its guilty plea, reducing the fine from $3 million to $2.25 million.
The court heard that the wood chipper used by Mr. Cirivakayawa was designed to be fed by a mechanical log loader and never by hand.
On both sides of the machine was the warning notice: “Danger, do not hand feed this machine… Serious injury or death can result.”
The court found that A1 Arbor Tree Services had not performed a risk assessment of the equipment, which also had several known deficiencies.
Judge Wendy Strathdee concluded that the company failed to provide workers with adequate information, training or instruction on how to safely operate the wood chipper.
Judge Strathdee found in her verdict that the guilt in this case was “reasonably high”.
“Even if the pressure event from the force impact that has occurred is not expected to occur frequently, the severity of the foreseeable resulting damage is extreme,” she said.
“And the mitigation measures, which haven’t even been evaluated, were straightforward, with little inconvenience and little cost, if any.”
NSW Minister for Occupational Safety and Health Sophie Cotsis said the death was entirely preventable. (AAP: Bianca De Marchi)
The judge accepted that A1 Arbor Tree Services had implemented steps to improve workplace safety, but was unsure whether those protections were adequate or would be maintained.
“Additionally, at the sentencing hearing, A1 chose a strategy that appeared to blame the victim and attempt to exonerate the defendants rather than accept responsibility,” she said.
NSW Health and Safety Secretary Sophie Cotsis said the tragic death was entirely avoidable.
“That’s why we have SafeWork [NSW] verification on foot,” she said.
“We have many concerns about companies and establishments putting their workers at risk.
“People should go to work safely and come home safe, it’s that simple.”
She said the landmark decision will help companies and businesses comply with strict workplace safety laws.
The review by the Safety Inspectorate will take place in November.
www.abc.net.au
https://www.abc.net.au/news/2023-07-18/tree-management-company-record-fine-in-nsw-over-death/102613404
